Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
Application: means a document:
(a)
(i)
completed by an applicant to provide information about the risk to be insured; and
(ii)
that contains information that is used by the insurer to evaluate risk and decide whether to:
(A)
insure the risk under:
(I)
the coverage as originally offered; or
(II)
a modification of the coverage as originally offered; or
(B)
decline to insure the risk; or
(b)
used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Designated home state: means the state or territory of the United States or the District of Columbia:
(a)
in which an insurance adjuster does not maintain the adjuster's principal:
(i)
place of residence; or
(ii)
place of business;
(b)
if the resident state, territory, or District of Columbia of the adjuster does not license adjusters for the line of authority sought, the adjuster has qualified for the license as if the person were a resident in the state, territory, or District of Columbia described in Subsection (2)(a), including an applicable:
(i)
examination requirement;
(ii)
fingerprint background check requirement; and
(iii)
continuing education requirement; and
(c)
that the adjuster has designated as the insurance adjuster's designated home state. See Utah Code 31A-26-102
Form: means one of the following prepared for general use:
a state or territory of the United States or the District of Columbia in which an insurance adjuster:
(i)
maintains the adjuster's principal:
(A)
place of residence; or
(B)
place of business; and
(ii)
is licensed to act as a resident adjuster; or
(b)
if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license adjusters for the line of authority sought, a state, territory, or the District of Columbia:
(i)
in which the adjuster is licensed;
(ii)
in which the adjuster is in good standing; and
(iii)
that the adjuster has designated as the adjuster's designated home state. See Utah Code 31A-26-102
Insurance: includes :
(i)
a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii)
a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii)
a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
If a nonresident license applicant has a valid license from the nonresident license applicant’s home state or designated home state and the conditions of Subsection (1)(b) are met, the commissioner shall:
(i)
waive any license requirement for a license under this chapter; and
(ii)
issue the nonresident license applicant a nonresident adjuster’s license.
(b)
Subsection (1)(a) applies if:
(i)
the nonresident license applicant:
(A)
is licensed in the nonresident license applicant’s home state or designated home state at the time the nonresident license applicant applies for a nonresident adjuster license;
(B)
has submitted the proper request for licensure;
(C)
has submitted to the commissioner:
(I)
the application for licensure that the nonresident license applicant submitted to the applicant’s home state or designated home state; or
(II)
a completed uniform application; and
(D)
has paid the applicable fees under Section 31A-3-103;
(ii)
the nonresident license applicant’s license in the applicant’s home state or designated home state is in good standing; and
(iii)
the nonresident license applicant’s home state or designated home state awards nonresident adjuster licenses to residents of this state on the same basis as this state awards licenses to residents of that home state or designated home state.
(2)
A nonresident applicant shall execute in a form acceptable to the commissioner an agreement to be subject to the jurisdiction of the commissioner and courts of this state on any matter related to the adjuster’s insurance activities in this state, on the basis of:
other service authorized under the Utah Rules of Civil Procedure or Section 78B-3-206.
(3)
The commissioner may verify an adjuster’s licensing status through the database maintained by:
(a)
the National Association of Insurance Commissioners; or
(b)
an affiliate or subsidiary of the National Association of Insurance Commissioners.
(4)
The commissioner may not assess a greater fee for an insurance license or related service to a person not residing in this state based solely on the fact that the person does not reside in this state.
